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Law Offices of Lorin J Zaner

Please Call : 419-242-8214

If I am stopped for a DUI, what if any test should I take?

There are a number of field performance tests that various police agencies administer. These include, among others: horizontal gaze; walking a straight line and turning; one leg raise, alphabet; etc. Do not take any of these tests. The police are looking for evidence to use against you. They are not really looking to determine if you are under the influence of alcohol. They have made that determination by your driving, your breath, your eyes, the smell of alcohol and other observations they make. The field tests just support their conclusion.

You do not have to take these tests. There is no consequence for your failure to do so, other than you will be considered uncooperative and arrested. They will likely arrest you anyway. Tell the officer you would like to do the tests, but your attorney advised you not to. Or, tell the officer you want to contact your attorney before performing any tests.

You must realize that likelihood of your passing these tests are slim. Also, the officer could put down that you failed the test, even if you felt you passed. Your word versus the officer’s is a losing proposition. Remember, you are likely nervous, tired and possibly under the influence. You have not done these tests before and are being judged by someone who has done and observed these over a thousand times. You are not likely satisfying the officer’s requirements.

Attorney Lorin Zaner is a criminal and juvenile defense attorney located in Toledo, Ohio, and licensed to practice in Ohio, Michigan and Federal Court. While his practice covers a wide range of criminal offenses, he has become one of the nation's leading attorneys in the successful defense of child abuse allegations, including but not limited to false allegations of sexual abuse and allegations of shaken baby syndrome.

Lorin believes in providing each client with prompt, personal attention. He makes every effort to return phone calls promptly and to keep clients thoroughly informed of the options available to him or her at each stage of the case. Lorin always focuses his advice and efforts toward the best resolution for you. After all, your success is his success.

Lorin's general philosphy which he has carried out over 30+ years of law practice is that trial preparation is critical to any successful litigation, whether it be civil or criminal. In criminal cases, Lorin strives hard to defend a client based on the legal and factual significance of each case.

He vigoriously prepares to defend a client as if a trial is a foregone conclusion. After reviewing the law and the facts as applied to a particular case, it is only then, and as a last option where options are already limited, that Lorin considers working out a plea deal for his clients.

This same philosophy carries over to his civil practice. Whether he is representing a Plaintiff or a Defendant, his preparation proceeds as if he will need to battle the opposing side at a trial. This philosphy has led to many successful litigations in favor of his clients.

1976-Present: TOLEDO PUBLIC DEFENDER'S OFFICE

1976-1984: GOLDSTEIN & ZANER

Associated with Jeffrey Goldstein in the private practice of law. Represented clients in Ohio, Michigan and Federal Courts.

CURRENT SOCIETY MEMBERSHIPS

Licensed in the State of OhioLicensed in the State of Michigan Licensed in the Federal Court of the State of OhioLicensed in the Federal Court of the State of MichiganToledo Bar Association Ohio Bar Association Michigan Bar Association American Bar AssociationOhio Association of Criminal Defense LawyersNational Association of Criminal Defense LawyersOhio Trial Lawyers AssociationAmerican Trial Lawyers Association

Please Call : 419-242-8214

LORIN ZANER

Lorin Zaner been a licensed attorney in Ohio and Michigan since 1976. His undergraduate degree was in chemical engineering. His scientific background has been invaluable to him in his practice, particularly in cases which require a scientific approach. Since being admitted to the practice of law, Lorin has handled thousands of cases in numerous and diverse areas of the law.

Over the years, Lorin has developed a special interest and extensive knowledge in representing people regarding child abuse related cases. He has handled criminal child abuse cases and domestic child abuse cases involving alleged sexual assault and false allegations of child abuse. As one might imagine, the most difficult cases are those of the falsely accused. These include adults accused of adult rape and adults and children accused of molesting their own children, stepchildren or others. Each case is different and the facts and circumstances need to be thoroughly explored. Of the numerous cases in this area that Lorin has tried to a jury, the vast majority have resulted in acquittals for his clients.

Lorin stays informed of the current research in these areas, attending conferences around the country where he often lectures and meet some of the top experts in the areas of psychology, psychiatry and medicine. Through these relationshipos, Lorin has been able to use the services of these experts to help explain to juries how false allegations develop and how many doctors misinterpret what they see as alleged sexual abuse, when it may not be abuse at all.

For instance, Lorin represented a woman accused of killing her child by "Shaken Baby Syndrome." He brought in the top experts around the country and obtained a verdict of "Not Guilty" on her behalf. Lorin also represented another couple that lost custody of their child due to allegations of shaken baby. Based on his cross-examination of the State's expert, and the compelling testimony of my expert, the Court returned the child to the parents.

Over the years, Lorin has built a network of hundreds of clients who refer cases to him. Numerous attorneys have contacted him to assist them or handle cases for them in a number of areas of the law. Lorin simply does not like to lose and he will work hard for you to try and receive the best possible result giving the circumstances.

I have never entered into a partnership with other lawyers for a number reasons. However, I share office space with several other lawyers who are of great assistance to me and my clients, including Adrian P. Cimerman, Carla B. Davis, Jill M. Varnes-Richardson, Scott E. Spencer, George Gernot III, Amy E. Stoner and Geoffrey A. Cottier.

Together, we are capable of handling criminal and traffic cases, family law cases, personal injury and malpractice cases, real estate matters, probate and most other areas of the law. If we are unable to handle your problems, we can refer you to competent counselors who can.

1976-Present: TOLEDO PUBLIC DEFENDER'S OFFICE

1976-1984: GOLDSTEIN & ZANER

Associated with Jeffrey Goldstein in the private practice of law. Represented clients in Ohio, Michigan and Federal Courts.

CURRENT SOCIETY MEMBERSHIPS

Licensed in the State of OhioLicensed in the State of Michigan Licensed in the Federal Court of the State of OhioLicensed in the Federal Court of the State of MichiganToledo Bar Association Ohio Bar Association Michigan Bar Association American Bar AssociationOhio Association of Criminal Defense LawyersNational Association of Criminal Defense LawyersOhio Trial Lawyers AssociationAmerican Trial Lawyers Association

Please Call : 419-242-8214

DRUNK DRIVING - DUI

If I am stopped for a DUI, what if any test should I take?

Field Performance Tests

There are a number of field performance tests that various police agencies administer. These include, among others: horizontal gaze; walking a straight line and turning; one leg raise, alphabet; etc. Do not take any of these tests. The police are looking for evidence to use against you. They are not really looking to determine if you are under the influence of alcohol. They have made that determination by your driving, your breath, your eyes, the smell of alcohol and other observations they make. The field tests just support their conclusion.

You do not have to take these tests. There is no consequence for your failure to do so, other than you will be considered uncooperative and arrested. They will likely arrest you anyway. Tell the officer you would like to do the tests, but your attorney advised you not to. Or, tell the officer you want to contact your attorney before performing any tests.

You must realize that likelihood of your passing these tests are slim. Also, the officer could put down that you failed the test, even if you felt you passed. Your word versus the officer?s is a losing proposition. Remember, you are likely nervous, tired and possibly under the influence. You have not done these tests before and are being judged by someone who has done and observed these over a thousand times. You are not likely satisfying the officer?s requirements.

Breath, blood, or urine tests

There may be times where you will have no choice as to whether or not to submit to these tests. If you are unconscious, if you are transported for medical treatment, if the police obtain a search warrant and if you refuse to cooperate, depending on the jurisdiction you are in, you could be facing a felony. However, if you have the option to take or not take the test, there are a number of factors to consider.

First of all, always try to reach your attorney for advice. Make sure your attorney is familiar with these laws and the consequences to you for failure to take the test. Yes, you may lose your right to drive for a refusal, but often you can usually receive occupational privileges after a short suspension.

If you are unable to reach your attorney, you need to consider how much you had to drink before taking or not taking the test. If you believe you will be over the legal limit, likely you should not take the test. In Ohio, if you reach a certain limit, the penalties are enhanced, i.e., mandatory 6 days in jail versus 3 days in jail. You need to consider all of these factors before taking the test. If your test result is above the legal limit, it is likely the attorney?s options are limited. Unless the police did not follow the procedures properly, the test results will come in against you in court. That may be all that is needed to convict you of driving under the influence.

Should I allow the police to search my car or house?

The Constitution of the United States of America and of the State you live in provides that you are free from unreasonable search and seizure. There are way too many exceptions to the requirement that the police obtain a search warrant before they search your home or automobile that they cannot possibly be included here. Suffice it to say, NEVER consent to the police searching your home, your person, or your vehicle. Either they will do it without your consent or, if they believe it is necessary, they will seek a search warrant.

If you consent to the search, you lose almost all possibility of challenging the search. You could still argue that you did not voluntarily consent to the search; that you were coerced, etc., but your chances of success are slim.

If the police do conduct a search without your consent, at least you have the opportunity to challenge it in court. You may not win, but at least you have an issue that can be raised at the trial and appellate levels. It is important that you do everything you can to help your attorney and yourself. This is one way to do that.

Please Call : 419-242-8214

Criminal Legal Services

Over the years, Lorin has developed a special interest and extensive knowledge in representing people regarding child abuse related cases. He has handled criminal and domestic cases involving alleged sexual assault and false allegations of child abuse.

Lorin has handled a number ofdrunk driving cases, including homicide cases as a result of alcohol abuse. He has have handled drug cases ranging from minor offenses to substantial quantities of drugs including marijuana, cocaine, crack cocaine, heroin, PCP, LSD and others.

Each case is different and the facts and circumstances need to be thoroughly explored. Of the numerous cases Lorin has tried to a jury, the vast majority has resulted in acquittals for his clients.

Sexual Predator Hearings are a stage in your criminal proceeding wherein a determination is made as to whether you will be labeled a Sexuality Oriented Offender, a Habitual Offender or a Sexual Predator. The consequence of this label could affect you for the rest of your life.

Ohio Revised Code Section 2950 sets forth the criterion and method by which a person is classified as a Sexual Offender. If you are convicted of a sexually oriented offense, you will be labeled with one of these classifications. A partial summary of how your classification will affect you is as follows:

1) Sexually Oriented Offender: You will be required to register personally with the sheriff of the county in which you reside for a period of ten (10) years. If you are temporarily in a county other than your residence, you are still required to register.

2) Habitual Sex Offender: You will be required to register personally with the sheriff as set forth above for twenty (20) years.

3) Sexual Predator: This is the most onerous forms of registration. You will be required to register for the rest of your life. The sheriff has a duty to notify neighbors, schools and a number of other persons of your address, school or place of employment, the offense of which you were convicted, plus other information.

Depending on the nature of the offense, the sheriff may also have a duty to notify portions of the public, even if you are only labeled as a Sexually Oriented Offender. If you are found guilty of a sexually oriented offense, you will not be able to live within one thousand feet (1000) of school premises.

In addition to all of the above consequences, any statements, information, photographs or fingerprints in the possession of the sheriff are public records open to the public for inspection. Additionally, you will be included in the Internet sex offender database.

As you can see, being convicted of a sexually oriented offense has grave consequences above and beyond prison time. It is critical that your attorney be prepared for the classification hearing if you are convicted. The following is an article I wrote for the Ohio Association of Criminal Defense Lawyers concerning "Preparing for Sexual Predator Hearings".